The Resource Supreme Court expansion of presidential power : unconstitutional leanings, Louis Fisher
Supreme Court expansion of presidential power : unconstitutional leanings, Louis Fisher
Resource Information
The item Supreme Court expansion of presidential power : unconstitutional leanings, Louis Fisher represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.This item is available to borrow from 1 library branch.
Resource Information
The item Supreme Court expansion of presidential power : unconstitutional leanings, Louis Fisher represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.
This item is available to borrow from 1 library branch.
- Summary
-
- "In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power--including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm. "--
- "Fisher traces the development of the constitutional law of presidential power through federal judicial decisions. He argues that the federal courts since the 1930s have greatly expanded presidential power beyond any fair reading of the original intent of the Framers and the text of the Constitution. Fisher's conclusion is twofold : not only should the courts be held accountable for misleading approaches, biased doctrines, and abdication of function, but so should constitutional law scholars, who have not mined the historical record nor questioned presumptions about executive competence. The result is that both judges and the scholars who comment on their work have legitimized executive power to an extent that has done serious damage not only to the constitutional system, but also to the viability and legitimacy of public policy"--
- Language
- eng
- Extent
- xv, 331 pages
- Isbn
- 9780700624676
- Label
- Supreme Court expansion of presidential power : unconstitutional leanings
- Title
- Supreme Court expansion of presidential power
- Title remainder
- unconstitutional leanings
- Statement of responsibility
- Louis Fisher
- Subject
-
- Executive power
- Executive power -- United States -- History
- History
- Political questions and judicial power
- Political questions and judicial power -- United States
- Politics and government
- Constitutional law
- Presidents -- United States
- United States
- United States -- Politics and government
- United States, Supreme Court
- United States, Supreme Court
- Presidents
- Constitutional law -- United States
- Language
- eng
- Summary
-
- "In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power--including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm. "--
- "Fisher traces the development of the constitutional law of presidential power through federal judicial decisions. He argues that the federal courts since the 1930s have greatly expanded presidential power beyond any fair reading of the original intent of the Framers and the text of the Constitution. Fisher's conclusion is twofold : not only should the courts be held accountable for misleading approaches, biased doctrines, and abdication of function, but so should constitutional law scholars, who have not mined the historical record nor questioned presumptions about executive competence. The result is that both judges and the scholars who comment on their work have legitimized executive power to an extent that has done serious damage not only to the constitutional system, but also to the viability and legitimacy of public policy"--
- Assigning source
-
- Provided by publisher
- Provided by publisher
- Cataloging source
- DLC
- http://library.link/vocab/creatorName
- Fisher, Louis
- Index
- index present
- Literary form
- non fiction
- Nature of contents
- bibliography
- http://library.link/vocab/subjectName
-
- United States
- United States
- Executive power
- Presidents
- Constitutional law
- Political questions and judicial power
- United States
- Constitutional law
- Executive power
- Political questions and judicial power
- Politics and government
- Presidents
- United States
- Label
- Supreme Court expansion of presidential power : unconstitutional leanings, Louis Fisher
- Bibliography note
- Includes bibliographical references and index
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent
- Dimensions
- 24 cm
- Extent
- xv, 331 pages
- Isbn
- 9780700624676
- Lccn
- 2017020134
- Media category
- unmediated
- Media MARC source
- rdamedia
- Media type code
-
- n
- Note
- GOBI Library Solutions from EBSCO
- System control number
- (OCoLC)984743151
- Label
- Supreme Court expansion of presidential power : unconstitutional leanings, Louis Fisher
- Bibliography note
- Includes bibliographical references and index
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent
- Dimensions
- 24 cm
- Extent
- xv, 331 pages
- Isbn
- 9780700624676
- Lccn
- 2017020134
- Media category
- unmediated
- Media MARC source
- rdamedia
- Media type code
-
- n
- Note
- GOBI Library Solutions from EBSCO
- System control number
- (OCoLC)984743151
Subject
- Executive power
- Executive power -- United States -- History
- History
- Political questions and judicial power
- Political questions and judicial power -- United States
- Politics and government
- Constitutional law
- Presidents -- United States
- United States
- United States -- Politics and government
- United States, Supreme Court
- United States, Supreme Court
- Presidents
- Constitutional law -- United States
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.law.upenn.edu/portal/Supreme-Court-expansion-of-presidential-power-/FYZ_MrFaTFw/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.law.upenn.edu/portal/Supreme-Court-expansion-of-presidential-power-/FYZ_MrFaTFw/">Supreme Court expansion of presidential power : unconstitutional leanings, Louis Fisher</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.law.upenn.edu/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.law.upenn.edu/">Biddle Law Library - University of Pennsylvania Law School</a></span></span></span></span></div>
